Bill Amendment: IL SB0220 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONDOS:DEFAULT-WRITTEN NOTICE

Status: 2019-08-23 - Public Act . . . . . . . . . 101-0530 [SB0220 Detail]

Download: Illinois-2019-SB0220-House_Amendment_004.html

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Rep. Anna Moeller

Filed: 5/29/2019

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AMENDMENT TO SENATE BILL 220
AMENDMENT NO. ______. Amend Senate Bill 220, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Human Rights Act is amended by
changing Sections 7B-102, 8-101, and 10-103 as follows:
(775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
Sec. 7B-102. Procedures.
(A) Charge.
(1) Within one year after the date that a civil rights
violation allegedly has been committed or terminated, a
charge in writing under oath or affirmation may be filed
with the Department by an aggrieved party or issued by the
Department itself under the signature of the Director.
(2) The charge shall be in such detail as to
substantially apprise any party properly concerned as to

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the time, place, and facts surrounding the alleged civil
rights violation.
(B) Notice and Response to Charge.
(1) The Department shall serve notice upon the
aggrieved party acknowledging such charge and advising the
aggrieved party of the time limits and choice of forums
provided under this Act. The Department shall, within 10
days of the date on which the charge was filed or the
identification of an additional respondent under paragraph
(2) of this subsection, serve on the respondent a copy of
the charge along with a notice identifying the alleged
civil rights violation and advising the respondent of the
procedural rights and obligations of respondents under
this Act and may require the respondent to file a response
to the allegations contained in the charge. Upon the
Department's request, the respondent shall file a response
to the charge within 30 days and shall serve a copy of its
response on the complainant or his or her representative.
Notwithstanding any request from the Department, the
respondent may elect to file a response to the charge
within 30 days of receipt of notice of the charge, provided
the respondent serves a copy of its response on the
complainant or his or her representative. All allegations
contained in the charge not denied by the respondent within
30 days after the Department's request for a response may
be deemed admitted, unless the respondent states that it is

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without sufficient information to form a belief with
respect to such allegation. The Department may issue a
notice of default directed to any respondent who fails to
file a response to a charge within 30 days of the
Department's request, unless the respondent can
demonstrate good cause as to why such notice should not
issue. The term "good cause" shall be defined by rule
promulgated by the Department. Within 10 days of the date
he or she receives the respondent's response, the
complainant may file his or her reply to said response. If
he or she chooses to file a reply, the complainant shall
serve a copy of said reply on the respondent or his or her
representative. A party may supplement his or her response
or reply at any time that the investigation of the charge
is pending.
(2) A person who is not named as a respondent in a
charge, but who is identified as a respondent in the course
of investigation, may be joined as an additional or
substitute respondent upon written notice, under
subsection (B), to such person, from the Department. Such
notice, in addition to meeting the requirements of
subsections (A) and (B), shall explain the basis for the
Department's belief that a person to whom the notice is
addressed is properly joined as a respondent.
(C) Investigation.
(1) The Department shall conduct a full investigation

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of the allegations set forth in the charge and complete
such investigation within 100 days after the filing of the
charge, unless it is impracticable to do so. The
Department's failure to complete the investigation within
100 days after the proper filing of the charge does not
deprive the Department of jurisdiction over the charge.
(2) If the Department is unable to complete the
investigation within 100 days after the charge is filed,
the Department shall notify the complainant and respondent
in writing of the reasons for not doing so.
(3) The Director or his or her designated
representative shall have authority to request any member
of the Commission to issue subpoenas to compel the
attendance of a witness or the production for examination
of any books, records or documents whatsoever.
(4) If any witness whose testimony is required for any
investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator or
appear at a fact finding conference, his or her testimony
or deposition may be taken, within or without the State, in
the same manner as provided for in the taking of
depositions in civil cases in circuit courts.
(5) Upon reasonable notice to the complainant and the
respondent, the Department may shall conduct a fact finding
conference, unless prior to 100 days from the date on which

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the charge was filed, the Director has determined whether
there is substantial evidence that the alleged civil rights
violation has been committed or the parties voluntarily and
in writing agree to waive the fact finding conference. When
requested by the Department, a A party's failure to attend
the conference without good cause may result in dismissal
or default. A notice of dismissal or default shall be
issued by the Director and shall notify the relevant party
that a request for review may be filed in writing with the
Commission within 30 days of receipt of notice of dismissal
or default.
(D) Report.
(1) Each charge investigated under subsection (C)
shall be the subject of a report to the Director. The
report shall be a confidential document subject to review
by the Director, authorized Department employees, the
parties, and, where indicated by this Act, members of the
Commission or their designated hearing officers.
The report shall contain:
(a) the names and dates of contacts with witnesses;
(b) a summary and the date of correspondence and
other contacts with the aggrieved party and the
respondent;
(c) a summary description of other pertinent
records;
(d) a summary of witness statements; and

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(e) answers to questionnaires.
A final report under this paragraph may be amended if
additional evidence is later discovered.
(2) Upon review of the report and within 100 days of
the filing of the charge, unless it is impracticable to do
so, the Director shall determine whether there is
substantial evidence that the alleged civil rights
violation has been committed or is about to be committed.
If the Director is unable to make the determination within
100 days after the filing of the charge, the Director shall
notify the complainant and respondent in writing of the
reasons for not doing so. The Director's failure to make
the determination within 100 days after the proper filing
of the charge does not deprive the Department of
jurisdiction over the charge.
(a) If the Director determines that there is no
substantial evidence, the charge shall be dismissed
and the aggrieved party notified that he or she may
seek review of the dismissal order before the
Commission. The aggrieved party shall have 90 days from
receipt of notice to file a request for review by the
Commission. The Director shall make public disclosure
of each such dismissal.
(b) If the Director determines that there is
substantial evidence, he or she shall immediately
issue a complaint on behalf of the aggrieved party

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pursuant to subsection (F).
(E) Conciliation.
(1) During the period beginning with the filing of
charge and ending with the filing of a complaint or a
dismissal by the Department, the Department shall, to the
extent feasible, engage in conciliation with respect to
such charge.
When the Department determines that a formal
conciliation conference is feasible, the aggrieved party
and respondent shall be notified of the time and place of
the conference by registered or certified mail at least 7
days prior thereto and either or both parties shall appear
at the conference in person or by attorney.
(2) The place fixed for the conference shall be within
35 miles of the place where the civil rights violation is
alleged to have been committed.
(3) Nothing occurring at the conference shall be made
public or used as evidence in a subsequent proceeding for
the purpose of proving a violation under this Act unless
the complainant and respondent agree in writing that such
disclosure be made.
(4) A conciliation agreement arising out of such
conciliation shall be an agreement between the respondent
and the complainant, and shall be subject to approval by
the Department and Commission.
(5) A conciliation agreement may provide for binding

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arbitration of the dispute arising from the charge. Any
such arbitration that results from a conciliation
agreement may award appropriate relief, including monetary
relief.
(6) Each conciliation agreement shall be made public
unless the complainant and respondent otherwise agree and
the Department determines that disclosure is not required
to further the purpose of this Act.
(F) Complaint.
(1) When there is a failure to settle or adjust any
charge through a conciliation conference and the charge is
not dismissed, the Department shall prepare a written
complaint, under oath or affirmation, stating the nature of
the civil rights violation and the relief sought on behalf
of the aggrieved party. Such complaint shall be based on
the final investigation report and need not be limited to
the facts or grounds alleged in the charge filed under
subsection (A).
(2) The complaint shall be filed with the Commission.
(3) The Department may not issue a complaint under this
Section regarding an alleged civil rights violation after
the beginning of the trial of a civil action commenced by
the aggrieved party under any State or federal law, seeking
relief with respect to that alleged civil rights violation.
(G) Time Limit.
(1) When a charge of a civil rights violation has been

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properly filed, the Department, within 100 days thereof,
unless it is impracticable to do so, shall either issue and
file a complaint in the manner and form set forth in this
Section or shall order that no complaint be issued. Any
such order shall be duly served upon both the aggrieved
party and the respondent. The Department's failure to
either issue and file a complaint or order that no
complaint be issued within 100 days after the proper filing
of the charge does not deprive the Department of
jurisdiction over the charge.
(2) The Director shall make available to the aggrieved
party and the respondent, at any time, upon request
following completion of the Department's investigation,
information derived from an investigation and any final
investigative report relating to that investigation.
(H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
(I) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
(J) The changes made to this Section by this amendatory Act
of the 96th General Assembly apply to charges filed on or after
the effective date of those changes.
(Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18.)
(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)

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Sec. 8-101. Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is
created to consist of 7 members appointed by the Governor with
the advice and consent of the Senate. No more than 4 members
shall be of the same political party. The Governor shall
designate one member as chairperson. All appointments shall be
in writing and filed with the Secretary of State as a public
record.
(B) Terms. Of the members first appointed, 4 shall be
appointed for a term to expire on the third Monday of January,
2021, and 3 (including the Chairperson) shall be appointed for
a term to expire on the third Monday of January, 2023.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Illinois
Human Rights Commission is abolished on January 19, 2019.
Incumbent members holding a position on the Commission that was
created by Public Act 84-115 and whose terms, if not for this
amendatory Act of the 100th General Assembly, would have
expired January 18, 2021 shall continue to exercise all of the
powers and be subject to all of the duties of members of the
Commission until June 30, 2019 or until their respective
successors are appointed and qualified, whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until his or her successor is appointed and qualified;
except that any member chosen to fill a vacancy occurring
otherwise than by expiration of a term shall be appointed only

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for the unexpired term of the member whom he or she shall
succeed and until his or her successor is appointed and
qualified.
(C) Vacancies.
(1) In the case of vacancies on the Commission during a
recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate when he or
she shall appoint a person to fill the vacancy. Any person
so nominated and confirmed by the Senate shall hold office
for the remainder of the term and until his or her
successor is appointed and qualified.
(2) If the Senate is not in session at the time this
Act takes effect, the Governor shall make temporary
appointments to the Commission as in the case of vacancies.
(3) Vacancies in the Commission shall not impair the
right of the remaining members to exercise all the powers
of the Commission. Except when authorized by this Act to
proceed through a 3 member panel, a majority of the members
of the Commission then in office shall constitute a quorum.
(D) Compensation. On and after January 19, 2019, the
Chairperson of the Commission shall be compensated at the rate
of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during his or her service as
Chairperson, and each other member shall be compensated at the
rate of $119,000 per year, or as set by the Compensation Review
Board, whichever is greater. In addition, all members of the

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Commission shall be reimbursed for expenses actually and
necessarily incurred by them in the performance of their
duties.
(E) Notwithstanding the general supervisory authority of
the Chairperson, each commissioner, unless appointed to the
special temporary panel created under subsection (H), has the
authority to hire and supervise a staff attorney. The staff
attorney shall report directly to the individual commissioner.
(F) A formal training program for newly appointed
commissioners shall be implemented. The training program shall
include the following:
(1) substantive and procedural aspects of the office of
commissioner;
(2) current issues in employment and housing
discrimination and public accommodation law and practice;
(3) orientation to each operational unit of the Human
Rights Commission;
(4) observation of experienced hearing officers and
commissioners conducting hearings of cases, combined with
the opportunity to discuss evidence presented and rulings
made;
(5) the use of hypothetical cases requiring the newly
appointed commissioner to issue judgments as a means of
evaluating knowledge and writing ability;
(6) writing skills; and
(7) professional and ethical standards.

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A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence. Each commissioner
shall complete 20 hours of training in the above-noted areas
during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following
qualifications:
(1) licensed to practice law in the State of Illinois;
(2) at least 3 years of experience as a hearing officer
at the Human Rights Commission; or
(3) at least 4 years of professional experience working
for or dealing with individuals or corporations affected by
this Act or similar laws in other jurisdictions, including,
but not limited to, experience with a civil rights advocacy
group, a fair housing group, a trade association, a union,
a law firm, a legal aid organization, an employer's human
resources department, an employment discrimination
consulting firm, or a municipal human relations agency.
The Governor's appointment message, filed with the
Secretary of State and transmitted to the Senate, shall state
specifically how the experience of a nominee for commissioner
meets the requirement set forth in this subsection. The
Chairperson must have public or private sector management and
budget experience, as determined by the Governor.

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Each commissioner shall devote full time to his or her
duties and any commissioner who is an attorney shall not engage
in the practice of law, nor shall any commissioner hold any
other office or position of profit under the United States or
this State or any municipal corporation or political
subdivision of this State, nor engage in any other business,
employment, or vocation.
(H) Notwithstanding any other provision of this Act, the
Governor shall appoint, by and with the consent of the Senate,
a special temporary panel of commissioners comprised of 3
members. The members shall hold office until the Commission, in
consultation with the Governor, determines that the caseload of
requests for review has been reduced sufficiently to allow
cases to proceed in a timely manner, or for a term of 18 months
from the date of appointment by the Governor, whichever is
earlier. Each of the 3 members shall have only such rights and
powers of a commissioner necessary to dispose of the cases
assigned to the special panel. Each of the 3 members appointed
to the special panel shall receive the same salary as other
commissioners for the duration of the panel. The panel shall
have the authority to hire and supervise a staff attorney who
shall report to the panel of commissioners.
(Source: P.A. 99-642, eff. 7-28-16; 100-1066, eff. 8-24-18.)
(775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
Sec. 10-103. Circuit Court Actions Pursuant To Election.

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(A) If an election is made under Section 8B-102, the Department
shall authorize and not later than 30 days after the entry of
the administrative closure order by the Commission election is
made the Attorney General shall commence and maintain a civil
action on behalf of the aggrieved party in a circuit court of
Illinois seeking relief under this Section. Venue for such
civil action shall be determined under Section 8-111(B)(6).
(B) Any aggrieved party with respect to the issues to be
determined in a civil action under this Section may intervene
as of right in that civil action.
(C) In a civil action under this Section, if the court
finds that a civil rights violation has occurred or is about to
occur the court may grant as relief any relief which a court
could grant with respect to such civil rights violation in a
civil action under Section 10-102. Any relief so granted that
would accrue to an aggrieved party in a civil action commenced
by that aggrieved party under Section 10-102 shall also accrue
to that aggrieved party in a civil action under this Section.
If monetary relief is sought for the benefit of an aggrieved
party who does not intervene in the civil action, the court
shall not award such relief if that aggrieved party has not
complied with discovery orders entered by the court.
(Source: P.A. 86-910.)".